Hi! I’m Sarah Jefford, an IVF Mum, egg donor, surrogate and family and surrogacy lawyer.
Welcome to the Surrogacy and Donor Conception Blog, with posts about surrogacy, donor conception, laws, news items, and my personal experiences as a donor and surrogate. You can scroll through the posts, search by category or keyword below.
Why Aren’t Surrogacy Agreements Enforceable?
Somewhere in the Top 10 Questions about Surrogacy is: Why aren’t surrogacy agreements enforceable? The answer is both simple and complex, and comes back to two primary concepts. Firstly, the rights and best interests of the child are [...]
Altruistic Surrogacy: How Much Does it Cost?
Intended parents are always keen to know how much surrogacy will cost them. There are so many variables depending on individual circumstances, so it can be hard to give an exact answer to that question. Intended Parents should [...]
Surrogacy Laws in Australia
Surrogacy Laws Australia Are you exploring your options for growing your family through surrogacy? Below is an overview of Australian surrogacy laws as they stand today. Surrogacy in Australia is regulated in each State, which means there is [...]
Frequently Asked Questions
Wondering if surrogacy is legal in Australia? Thinking about pursuing surrogacy to grow your family? Thinking about being a surrogate to help someone grow theirs? Here's some answers to questions you might have. Don't forget to download your [...]
Will the Surrogate Keep the Baby?
One of the first questions asked by intended parents considering surrogacy in Australia is "What if she wants to keep the baby?" And one of the first questions asked by a surrogate and her partner is "What if [...]
Overseas Surrogacy
Do you need an Australian lawyer to assist you with your overseas surrogacy journey? The short answer is, mostly not. You can engage a lawyer in your destination country, who will guide you through the Surrogacy and Donor [...]
Surrogate Age Limits
There are some surrogate age limits applied to surrogacy in Australia, and each State has it's own requirements and restrictions. In most States, the surrogate must be over 25 years of age. In South Australia and the ACT, [...]
Commercial Surrogacy and Parentage Orders
People entering into commercial surrogacy overseas are often anxious to know about returning home to Australia with their baby, any consequences, and whether they need to get court orders when they return to Australia. Parentage Orders are made [...]
Do I need a Surrogacy Broker?
Do you need a surrogacy broker or consultant? Surrogacy is bit like Project Management. In fact, by the time you’re home with your baby, you’ll feel like you deserve a PhD in international relations and event management. You did [...]
Kickin’ back with the Kickbacks
Intended Parents may be forgiven for thinking that everyone they talk to about surrogacy has their best interests at heart. If someone seems kind, knowledgeable and generous, surely they're only wanting to help you have a baby, right? [...]
Applying for a Parentage Order
After a baby is born through an Australian surrogacy arrangement, a Parentage Order is required to transfer parentage from the surrogate and her partner to the intended parents. When the baby is born, the surrogate and her partner [...]
Parenting Orders and Parentage Orders
Parentage Orders are made to transfer parentage from a surrogate and her partner, to the intended parents. These are made in State Courts. These Orders provide for the Birth Certificate to be changed, removing the surrogate and her [...]
Why Surrogacy Agreements are not like Contracts, and How to Write Your Own
A surrogacy agreement is not the same as a commercial contract. The elements of a basic contract include (1) an offer, (2) acceptance, (3) consideration (usually money) and (4) an intention to create a legal relationship. For example, you offer [...]
Gestational Surrogacy in Australia
Gestational surrogacy, in which the surrogate is not the genetic mother of the baby she is carrying, is the most common form of surrogacy both in Australia and overseas. Gestational surrogacy is different from Traditional Surrogacy, where the [...]
Traditional Surrogacy
Traditional surrogacy is where a surrogate uses her own eggs to conceive, with sperm from an Intended Father or from a donor. It is different from gestational surrogacy, where the surrogate becomes pregnant with an embryo created with [...]
Surrogacy in the ACT
Surrogacy in the Australian Capital Territory is regulated by the Parentage Act 2004. If you are an intended parent living in the ACT, then the surrogacy laws that apply to you are those of the Australian Capital Territory. [...]
Surrogacy in New South Wales
Surrogacy in New South Wales is regulated by the Surrogacy Act 2010. If you are an intended parent living in NSW, then the surrogacy laws that apply to you are those of New South Wales. This is the [...]
Surrogacy in the Northern Territory
Surrogacy in the Northern Territory is neither legal or illegal. This is because there are no surrogacy laws in the Northern Territory at all. All the States and the ACT have their own surrogacy laws, but the NT [...]
Surrogacy in Queensland
If you are an intended parent living in Queensland or a surrogate carrying for Queensland intended parents, the Surrogacy Act 2010 applies to you. The criteria for surrogacy in QLD includes: That the intended parents have a social [...]
Surrogacy in South Australia
Surrogacy in South Australia. If you are an intended parent living in South Australia or a surrogate carrying for South Australian intended parents, the Family Relationships Act 1975 applies to you. The criteria for surrogacy in SA includes: [...]
Surrogacy in Tasmania
If you are an intended parent living in Tasmania or a surrogate carrying for Tasmanian intended parents, the Surrogacy Act 2012 applies to you. The criteria for surrogacy in Tasmania includes: That the intended parents have a social [...]